API Internet Auction Sale Terms and Conditions
- Each Seller and Bidder must be age 18 or older, properly registered to sell or bid on items.
- API provides the Site so that Sellers may offer items for sale and Bidders may offer bids to purchase items. API is not a party to any transactions conducted through use of the Site.
- API has no power to transfer title to the items offered through the Site. API has no responsibility for the quality, safety or legality of the items offered through the Site, for the accuracy of the information relating to a sale item, or for the ability or willingness of the Bidder to pay.
- Each Seller must be legally able to sell the item(s) you list for sale and your auction listings may only include content relevant to the sale of your item. You assume full responsibility for the content of the listing and the item offered. Although API is not responsible for monitoring the items offered through the Site, API reserves the right to remove any auction item it deems illegal or inappropriate.
- Users acknowledge that items in an auction may be withdrawn or sold prior to or after the end of the designated auction period, that an auction may be discontinued, and that the auction may, in API’s sole discretion, be extended beyond the designated auction period, all without notice to users. Generally, offered items will be sold to the highest Bidder; although some items may be auctioned with minimum reserve prices, with a “buy now” option and/or subject to Seller’s rights of confirmation or conditions on acceptance.
- Each Bidder agrees that you have the capacity to purchase any item on which you bid, and that any bid you make constitutes an irrevocable offer to buy the item for the full amount of the bid.
- Each Seller agrees to accept the highest bid at the expiration of the auction and to accept all “buy now” offers, unless such bids or offers do not meet the minimum reserve price or the Seller has reserved the right to confirm or otherwise condition their acceptance using tools available through the Site.
- Seller and the winning Bidder are solely responsible for arranging for payment for and shipment of items.
- By listing an item for sale, each Seller agrees pay to API a sales fee immediately upon completion of an auction with a successful Bidder or a purchase by a Bidder using the “buy now” function, and you authorize API to charge your account on file with the Site for such amount. The fee is non-refundable, even if the transaction is not completed or Seller is unable to collect payment from the Bidder.
- Neither API, nor its affiliates or representatives, shall be responsible for any liability whatsoever relating to your use of the Site, including, but not limited to, the loss, damage, injury, death, or illness of any item, person, or property before, during, or after the sale. Neither API, nor its affiliates or representatives, shall have any liability in connection with any dispute between a Seller and Bidder. By using the Site you agree to release API, its affiliates and representatives from any and all losses, claims and damages arising out of or relating to your use of the Site.
- All forms of shill bidding (for instance, bidding on an item that you have listed for sale), bid manipulation and collusion between users are forbidden.
- These Sale Terms and Conditions are governed by the laws of the State of Missouri.
GENERAL TERMS AND CONDITIONS FOR USE OF WEBSITE
ANGUS PRODUCTIONS, INC. PROVIDES THIS WEBSITE AND THE RELATED TOOLS, INFORMATION, PRODUCTS, AND SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”):
This Agreement is between Angus Productions, Inc., you the user, and, if you are using the website on behalf of a company or organization, such company or organization shall also be considered a party to this Agreement.
Ownership of Site
All pages within this website (hereinafter the “Site”) and all tools, information, products and services (the “Services”) available on or through the Site (except for information contributed by users) are the property of Angus Productions, Inc. and/or its affiliates (collectively “API”) and its suppliers. You are hereby granted a nonexclusive, nontransferable, limited license to view, print, and distribute materials appearing on and/or generated by this Site for your internal informational and non-commercial purposes only, provided you do not remove or obscure the copyright notice or other proprietary notices provided on such materials. Except as expressly provided above, you may not copy, publish, display, distribute, modify, reverse engineer, disassemble, decompile, translate, adapt, create derivative works from, transfer or sell in any form or by any means, any part or portion of this Site including any tools, information, products or services available on or through this Site.
No Responsibility for Content
API and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, Services or other material on this Site. API and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
Modifications to the Site and to the General Terms and Conditions
API reserves the right at any time to modify or discontinue on a temporary or permanent basis the operation of this Site and/or any tools, information, products and/or services available on this Site with or without notice. API shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.
The API Internet Auction Sale Terms and Conditions are incorporated into, and subject to, these General Terms and Conditions.
API also reserves the right at any time to modify the General Terms and Conditions and any other applicable terms and conditions to your use of the Site. Please review this page and any other notices on the Site on a regular basis to identify any such modifications. Your continued use of the Site serves as your acknowledgement and agreement to observe the applicable General Terms and Conditions.
Use of Submissions
When you supply or communicate any material, information or content to the Site, you grant us the right to use, reproduce, modify, distribute, and display such material, information or content in connection with the Site and Services and to authorize others to do so.
Links to Other Websites
This Site may provide links to other websites. API has no control over the linked sites and is not responsible or liable for any content, advertising, information, links, products, services, or other materials available from such sites. API is providing these links only as a convenience to you. The inclusion of any such link does not imply any type of endorsement by API of the linked site, its operators, or any of the content, advertising, information, links, products, or services available on or through such sites. API shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, information, links, products, or services available on or through any such linked site.
As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by any applicable law, rule, regulation or the applicable terms and conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site or otherwise expressly prohibited on the Site.
You may not without the prior written permission of the American Angus Association use any computer code, data-mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy in bulk the data or content found on this site or accessed through this site.
Registration, Security and Use of Password
The Services and the Site are only available to persons with the legal capacity to enter into this Agreement. Certain areas of this Site and certain Services are accessible only to persons who have registered with the Site and selected a user name and password. Those users are solely responsible for maintaining control over the dissemination and use of the user name and password and for all transactions that occur using the user name and password. API may, at its sole discretion, refuse to accept a person’s (or entity’s) registration, and may, at any time after accepting registration, refuse to permit a person’s (or entity’s) continuing use of the Services and the Site for any reason. API will not be responsible or liable for any unauthorized persons accessing secure areas within the Site or confidential information available on or through such areas via use of the user name and password.
API expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services and the Site by any person or entity, at the sole discretion of API, for any reason and without notice.
Disclaimer and Limitation of Liability
API MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SUITABILITY, RELIABILITY, COMPLETENESS, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE TOOLS, INFORMATION, PRODUCTS, OR OTHER SERVICES AVAILABLE ON OR THROUGH THIS SITE FOR ANY PURPOSE. ALL SUCH TOOLS, INFORMATION, PRODUCTS AND OTHER SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. API HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND WITH REGARD TO USE OF THE SITE AND ANY TOOLS, INFORMATION, PRODUCTS, OR OTHER SERVICES AVAILABLE ON OR THROUGH THE SITE, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ASSOCIATED WITH USING THE TOOLS, INFORMATION, PRODUCTS, AND OTHER SERVICES LIES WITH YOU.
IN NO EVENT SHALL API BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES, LOSSES, CLAIMS, INJURIES, OR LIABILITIES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THE USE OR PERFORMANCE OF THE SITE, (2) THE DELAY OR INABILITY TO USE THE SITE IN WHOLE OR IN PART, (3) ANY RELIANCE BY YOU OR OTHERS ON THE TOOLS, INFORMATION, PRODUCTS OR OTHER SERVICES PROVIDED ON THE SITE, OR (4) TERMINATION OR MODIFICATION OF THE SITE OR THE GENERAL TERMS AND CONDITIONS HEREOF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF API HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE GENERAL TERMS AND CONDITIONS OF USE OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
You agree to indemnify and hold API, and its subsidiaries, affiliates, officers, agents, vendors or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and/or Services, your violation of the applicable General Terms and Conditions, or your violation of any laws or rights of another.
Unless otherwise agreed in writing, you acknowledge and agree that API is not responsible for the calculation of any taxes or the reporting or remittance of any taxes to any taxing authority, with the possible exception of sales taxes. You expressly agree and warrant that you shall comply with any and all applicable laws and regulations, including without limitation, those with respect to taxes. You agree to defend, indemnify, and hold harmless API from and against any and all damages, penalties, costs and expenses incurred by or imposed upon API resulting from any failure by you to comply with applicable tax laws.
Entire Agreement and Severability
The General Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of the General Terms and Conditions is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
This Agreement is entered into in the United States and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of the United States and the State of Missouri, without giving effect to any principles of conflicts of law. Failure by API to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except as explicitly stated otherwise, legal notices shall be served on API at its headquarters at 3201 Frederick Ave., St. Joseph, MO 64506 (in the case of API) and to the email address you provided during the registration process, as updated by you (in your case). Notice shall be deemed given three business days after mailing or 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provide during the registration process.
Infringement Claims/Copyright Agent
If you believe that any material contained on the website infringes your copyright or other intellectual property rights, you should notify API of your copyright infringement claim in accordance with the following procedure. API will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this website’s Designated Agent who is:
|By mail:||API DMCA Copyright Agent
c/o American Angus Association
3201 Frederick Ave.
St. Joseph, MO 64506
|By phone:||(816) 383-5100|
|By fax:||(816) 233-9703|
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Emails sent to firstname.lastname@example.org for purposes other than communication about copyright claims may not be acknowledged or responded to.
We will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact API and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
IF THE GENERAL TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.